Appeal No. 1998-1342
Application 08/460,204
In the context of the product claim 20 before us for review in this appeal, we
reach the same conclusion. We view the quadrate form of the labels illustrated in
Figure 1 of Bane to be exemplary only and not limiting in any sense. We believe
appellant would agree that he is not the first to invent circular labels. On the record
before us, we hold that one of ordinary skill in the art would have found it prima facie
obvious to form an assembly of linerless labels such as illustrated in Figure 1 of Bane
wherein the labels are substantially circular in configuration.
The examiner’s rejection of claims 20 through 22 is affirmed.
The decision of the examiner is affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
)
Marc L. Caroff )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Terry J. Owens )
Administrative Patent Judge )
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